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Request By:
[NO REQUESTBY IN ORIGINAL]

Opinion

Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Shelby District Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the Act by failing to respond to Ronald G. Lipton's May 3, 1999, request for the paternity judgment entered on November 4, 1998, in Shelby District Court, case number 97-J-00090. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Mr. Lipton must seek redress for his grievance through the courts.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.

LLM Summary
The decision concludes that the Shelby District Court Clerk is not subject to the Kentucky Open Records Act and did not violate the Act by not responding to a request for a paternity judgment. It references 98-ORD-006 as controlling precedent to support this conclusion. The decision advises the aggrieved party to seek redress through the courts.
Disclaimer:
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Requested By:
Ronald G. Lipton
Agency:
Shelby District Court Clerk
Type:
Open Records Decision
Lexis Citation:
1999 Ky. AG LEXIS 93
Cites:
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